The Challenge of Communicating with the Consumer and Validating the Debt Under the Fair Debt Collection Practices Act

Congress enacted the Fair Debt Collection Practices Act (FDCPA) in 1977 to regulate the conduct of debt collectors. It was not a surprising development, given the incredible stories about misconduct in the collection industry. Witnesses at the congressional hearings recounted the strategies that debt collectors used to achieve their objective, including telephone harassment and threats of reprisals for unpaid bills. These tactics were all the more regrettable since most consumers did not default on their obligations with any intent to defraud their creditors, but instead found themselves in difficulty because of